In this instance, let us take the simplistic view that a defendant posted alleged defamatory statements about the plaintiff on Facebook. This hypothetical situation would aid me in structuring my legal argument. Identifying the impugned statement First, we will need to identify the impugned statement. For example, as the impugned statement is a Facebook [...]
In my torts course this semester, I came across the case of Kuwait Airways Corp v Iraqi Airways Co [2002] AC 883 ("Kuwait Airways"). It was a case whereby the plaintiff, Kuwait Airways Corp (KAC), was suing the defendant, Iraqi Airways Co (IAC) in tort. KAC succeeded in making out the case that KAC had converted [...]
Res ipsa loquitur is Latin for "the thing speaks for itself". Directly translated, it reads "the thing itself speaks". In tort law, the four elements that make out negligence are Duty of care Breach of that duty Causation Damages Res ipsa loquitur is a legal doctrine that allows for negligent behaviour to be proven on [...]
Evidential burden is the obligation to produce evidence to properly support an issue. If the evidential burden is not satisfied, that issue cannot stand during a trial. Evidential burden is different from legal burden. For example, in a murder trial, if the defendant were to plead self-defence, he would have to satisfy the evidential burden [...]
Novus actus interveniens is Latin for a new intervening act. In a tortious claim, novus actus interveniens is the intervening act that serves to break the legal connection between the defendant's action and the harm suffered by the plaintiff. For example, if a defendant was negligent while driving his vehicle and had caused a collision [...]
The doctrine of estoppel states that when a person has asserted a certain position previously, he or she is prevented from taking an alternative position that is different from the initial one they took. It prevents people from taking a contradictory position from what they had previously said or agreed to by law. One form [...]
Nullum crimen nulla poena sine lege is a Latin phrase that translates to "no crime no penalty without law" This is a legal principle that for a crime to be made out and for punishments to be meted out for that crime, there has to be a law in place. This principle stems from the concept [...]
In my research on the rule of law and the application of this doctrine in Singapore, I've stumbled upon some criticism, which I think are flawed, by parties who are dissatisfied with the current political situation. There are also videos purporting that Singapore's government abuses the rule of law. I personally feel that to conclusively [...]
The Magna Carta Libertatum "The Great Charter of Freedoms" or The Magna Carta as more commonly referred to as one of the defining documents that inspired the Rule of Law. In my research of The Rule of Law, many roads led me back to The Magna Carta. It was not that there was no Rule [...]
Noscitur A Sociis means "it is known by its associates" The meaning of ambiguous words should be determined by considering the words it is associated with. For example: This bridge is off-limits to motorcycles, cars, buses and lorries. motorcycles, buses and lorries suggest that the bridge is off-limits to vehicles that have motorised engines. [...]